Texas Cerebral Palsy Lawyer | Things to Understand About a Cerebral Palsy Lawsuit
Things to Understand About a Cerebral Palsy Lawsuit
Depending upon the circumstances that led to your child's injuries, a cerebral palsy lawsuit will vary greatly between one case and the next. Remember that there are limitations on how long you have to sue, so it's best to contact a Texas cerebral palsy lawyer as soon as possible if you're debating going through with it. Here are some basic things that will help you to understand the process better:
Settlements vs. Jury Awards
When the healthcare facility or the doctor's malpractice insurance provider finds out that they're being sued for medical negligence, they basically have two options in front of them. First, they can go through with the entire process, go to court, argue that they were not negligent and hope that the jury doesn't award the plaintiff any money. Second, they can offer a settlement that is less than the award being sought in exchange for not having to go to court and pay those fees. The benefits of a settlement in terms of avoiding court costs actually work in the favor of both parties, so they are oftentimes preferable to going to court. Your attorney will help you to determine whether or not the sum being offered is worth your time or whether you should just go ahead and go to court, but the decision is ultimately yours.
Jury Awards
Going in front of the jury is never a guaranteed win. The jury may determine that you deserve some, all or none of the award that you are seeking in your particular claim. Your attorney won't take the case unless they think there's a good chance you'll win. You can verify this for yourself by simply being aware of the fact that, under a contingency agreement, the attorney won't receive any legal fees unless they are successful.
The Costs
Cerebral palsy, though it's hard to reduce these things to dollar figures, costs a lot of money. Medical treatments, assistive devices, tutoring and other special education can all add up quickly. This is why many parents decide to file a lawsuit in the first place. If you believe that medical negligence did play a role in your child suffering, contact a lawyer and sit down with them to determine whether or not filing a lawsuit is a viable option for you.
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